Frame breach under Civil Liability Act section 9

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
Arrange the section 9 facts: whether the risk was foreseeable, whether it was not insignificant, and whether a reasonable person would have taken the precautions.
What the lawyer must review
  • Decide breach yourself on sections 9 and 10
  • Weigh probability, likely seriousness, burden and social utility
  • A later precaution is not of itself an admission
Written for / version
Queensland versionQLDNSWVICUS

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Queensland claims to which the Civil Liability Act 2003 applies. The lawyer confirms that before the questions are used.

Produce. A section 9 question list tied to the approved facts, for the lawyer's breach decision.

Have ready. Approved facts on knowledge, risk and precautions; The precautions the claimant says should have been taken; Any later remedial step, kept separate.

Example of the limit. Illustrative example: The draft says a warning sign put up after the incident proves the risk was foreseeable. The lawyer strikes that sentence and decides foreseeability from what was known at the time.

Stop and hand it back when

  • The output says the defendant was or was not negligent.
  • A later precaution is treated as an admission.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. A person does not breach a duty to take precautions unless the risk was foreseeable, the risk was not insignificant, and a reasonable person in the person's position would have taken the precautions.
  2. Foreseeable means the person knew or ought reasonably to have known of the risk. The tool does not decide that.
  3. Section 9(2) lists probability, likely seriousness, the burden of precautions and the social utility of the activity, among other relevant things.
  4. Section 10(c): the subsequent taking of a precaution does not of itself give rise to liability and does not of itself constitute an admission.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
Letter of instruction to an engineerLetterAI use YellowLetter asking an engineer for the condition, the mechanism and the available precautions in a plaintiff claim, with the precautions section named by the lawyer and no conclusion on negligence.

Signed-in accounts can read the full text of each one. All precedents.

Sources

The tool does not decide negligence. If the analysis is later filed, Practice Direction 5 of 2025 or Practice Direction 12 of 2025 requires the practitioner to check every reference.

Section 22 is a separate professional-standard question. Do not fold it into this breach note.

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